76-7-105. Conversion or diversion of environmental control sites. An environmental control site in which an environmental control easement has been granted pursuant to this chapter may not be converted or diverted from purposes specified in the easement instrument or released from any restriction, limitation, or requirement specified in the easement instrument unless the conversion, diversion, or release is:

(1) protective of the public health, safety, and welfare and the environment as determined by the department or the United States environmental protection agency that initially approved the easement;

(2) permitted by the criteria for modification or termination imposed at the time of the creation of the easement; and

(3) approved in writing by the easement holder and any other person named in the easement instrument from whom approval is required.